Massachusetts: How to File a Partition Action to Force Sale or Obtain a Buyout
Detailed Answer This section explains, under Massachusetts law, how a co-owner can force partition of real property owned with others so the property is sold or so a co-owner can buy out the others. The summary below assumes the co-owners are not spouses holding title as tenancy by the entirety (a form of ownership limited […]
Read article →Massachusetts: Forcing Sale of Property When Heirs Refuse Mediation or Won’t Sign
Can you force a sale of jointly owned property in Massachusetts if some heirs refuse mediation or won’t sign? Short answer: Yes. In Massachusetts, a co‑owner (including an heir who inherits as a tenant in common) can ask a court to partition the property. If the court finds a physical division isn’t practicable, it can […]
Read article →How to Start a Partition Lawsuit in Massachusetts When Co-Owners Won't Agree
Detailed Answer Short overview: When co-owners of inherited land in Massachusetts cannot agree on what to do with the property, a partition action is the usual legal route to force division or sale. A partition action asks a court to divide the property physically between owners (partition in kind) or to order sale and division […]
Read article →Massachusetts: How to Divide or Force the Sale of Co-Owned Farmland (Partition Process)
Detailed answer: Step-by-step process for dividing or forcing sale of co-owned farmland under Massachusetts law This answer explains how co-owners of farmland in Massachusetts can divide property or force its sale (a partition action), what the court typically does, and special issues for agricultural land. This is an educational summary only and not legal advice. […]
Read article →Massachusetts — What Documents and Information Your Lawyer Needs to Start a Partition Case
What to Give Your Lawyer to Start a Partition Action in Massachusetts This FAQ-style guide explains, in plain language, the information and documents a lawyer will need to begin a partition lawsuit under Massachusetts law. A partition action asks the court to divide property or order its sale when co-owners cannot agree. This article assumes […]
Read article →How can I get my share of the net proceeds after the partition sale of a co‑owned house in Massachusetts (MA)?
Getting Your Share of Net Proceeds After a Partition Sale of a Co‑Owned House in Massachusetts Disclaimer: This article explains common Massachusetts procedures and statutes related to partition sales. It is for general informational purposes only and is not legal advice. Consult a qualified Massachusetts attorney about your specific situation. Detailed Answer — How distribution […]
Read article →What are my options for avoiding a costly court-ordered partition while still getting paid my full share? (MA)
Avoiding a Costly Court-Ordered Partition in Massachusetts: How to Get Paid Your Full Share Short answer: In Massachusetts you can often avoid a court-ordered partition sale by negotiating a private buyout, refinancing, selling the property by agreement, using mediation or a written partition/co‑ownership agreement, or structuring a seller-financed buyout. These options let you receive your […]
Read article →How will the sale proceeds be divided among co-owners after the property is sold in a partition? (MA)
How sale proceeds are divided among co-owners after a partition sale in Massachusetts Short answer: After a court orders a partition sale in Massachusetts, the sale proceeds are first used to pay mortgage liens, taxes, court-ordered costs (including sale costs and commissions), and any other recorded encumbrances. The remaining net proceeds are then divided among […]
Read article →How can I file a partition-for-sale suit in Massachusetts when a minority of the siblings won’t agree to sell our inherited land?
Detailed Answer When co‑owners of real estate cannot agree about selling inherited land, Massachusetts law allows one or more co‑owners to force a sale through a partition action. Partition suits are governed by Massachusetts General Laws, Chapter 241. See the statute collection here: M.G.L. c. 241 (Partition of Real Estate) and the key provision on […]
Read article →Who should be listed as petitioners on the partition lawsuit? (MA)
Detailed Answer Short answer: The petitioners are the person or people who hold legal or equitable ownership interests in the real property and who are asking the court to divide or sell it. In practice that means any co-owner(s) who want partition may file as petitioner(s). The complaint must also identify and bring into the […]
Read article →